Current through Register Vol. 48, No. 12, March 22, 2024
a)
Method of Source Selection. Unless otherwise authorized by law, all
State contracts shall be awarded by competitive sealed bidding, in accordance
with Section 20-10 of the Code, except as provided
elsewhere in the Code. The CPO-HE may determine the method of
solicitation and contract for all procurements pursuant to the Code.
The CPO-HE shall have the sole authority to develop and distribute
uniform documents for the solicitation, review and acceptance of all bids,
offers and responses and the award of contracts. [
30 ILCS
500/20-5, 20 -155]
b) Solicitation Response
A solicitation may contain forms that must be returned or may
require compliance in a prescribed format. If a form or format is prescribed,
prospective vendors shall submit those forms as instructed.
1) All bids/offers received shall be date and
time-stamped and stored in a secure manner (e.g., locked file cabinet, safe,
locked room, secure electronic portal, or other secure location) by the person
responsible for receiving bids and offers.
2) No information regarding bids/offers
received shall be disclosed to anyone prior to opening, except as authorized by
the SPO. The SPO, in consultation with the university purchasing director,
shall determine who is authorized to have information prior to opening. The
name and title of the person authorized to have this information and the name
and title of the person disclosing the information shall be documented in the
procurement file. University personnel may confirm receipt of the bid or offer
to the bidder or offeror, but no information is to be given
otherwise.
3) If a bid or offer is
opened for identification purposes or in error, the procurement file shall
include a signed statement explaining the reason for the mistake or error,
including the name of every person involved. The bid or offer shall be
re-sealed until the time set for the opening of the solicitation.
c) Late Bids or Proposals, Late
Withdrawals and Late Modifications
1) Any bid
or proposal (include any modification, withdrawal or other procurement-related
submission) received after the time and date for receipt, or at other than the
specified location, is late. A submission that is delivered to the wrong
location but is subsequently delivered to the correct location by the date and
time specified shall be considered. State employees shall not be responsible
for ensuring subsequent delivery of misdelivered items. Delivery at the
specified location and time shall be the sole responsibility of the bidder or
offeror.
2) No late submission will
be considered unless the SPO determines it would have been timely but for the
action or inaction of State personnel directly serving the procurement activity
(e.g., providing the wrong address). It is the responsibility of the bidder or
offeror to ensure delivery at the time and to the place specified. Vendors
submitting a late response will be notified and given the opportunity to
retrieve the submission at their cost. Late submissions not returned to the
vendor will be destroyed after all related procurement activity is complete and
the resulting contract has been executed.
3) Records shall be made and kept for each
late bid or proposal, late modification, or late withdrawal.
4) Any other submission that has a time or
date deadline shall be treated in the same manner as a late bid or late
proposal.
d)
Solicitation Modifications
1) The SPO may,
prior to the date or time for submitting a bid or proposal, approve an
extension of the date or time for the convenience of the university.
2) The SPO may approve modification to the
bid or proposal for reasons other than extending the date or time.
3) If notice cannot be made at least 72 hours
in advance of the time the responses are due, the SPO shall approve an
extension of time to respond for a reasonable period of time or shall authorize
cancellation of the solicitation. The SPO, after consultation with the
university, shall determine which action best meets the needs and interests of
the university and best promises transparency, competitiveness and other
policies of the Code.
4) All
notices under this subsection (d) shall be published in the Bulletin.
e) Bid/Proposal Firm Time
1) Unless otherwise provided in the
solicitation, the vendor's bid/proposal must be kept firm for at least 30 days
after the opening date.
2) After
opening bids or proposals, the SPO may request bidders or offerors to extend
the time during which the university may accept the bids or proposals, provided
that, with regard to bids, no other change is permitted. This extension does
not provide an opportunity for others to submit bids or proposals.
f) Electronic and Fax Submissions
and Communications
1) Solicitation responses,
notices and other official procurement-related communications may be made in
electronic form if stated in the solicitation. The CPO-HE shall establish or
approve the use and method of electronic submission. Submissions that must be
secure will be opened at the designated date, time and place only by an
authorized person.
2)
Procurement-related communications that reflect final agreements or settlements
in relation to protests, suspensions, debarments or contract matters must be
signed by submitting a scanned copy of an original signature or by digital
signature using an approved security process. Electronic communications must
meet the same substantive requirements as paper communications except as
allowed to reflect the different means of communication.
3)
Electronic signatures must meet
the minimum security requirements if established by the Department of Central
Management Services [
5 ILCS
175/25-101(c) ] and the accompanying
regulations (14 Ill. Adm. Code 105).
4) Fax or email submissions are acceptable
for small purchases.
g)
Only One Bid or Proposal Received
1) If only
one bid or proposal is received, the SPO may award to the single bidder or
offeror if the SPO finds:
A) the price
submitted is fair and reasonable, and other prospective bidders or offerors had
reasonable opportunity to respond; or
B) there is not adequate time for
resolicitation.
2)
Otherwise the SPO may cancel the procurement.
h) Alternate or Multiple Bids or Proposals
1) Alternate bids or proposals may be
accepted if permitted by the solicitation and in accordance with instructions
in the solicitation.
2) Multiple
bids or proposals may be accepted if permitted by the solicitation and
submitted in accordance with instructions in the solicitation.
i) Multiple Items
A solicitation may call for pricing of multiple items of
similar or related type. Award shall be as specified in the solicitation based
on an individual line item, a group total of certain items, a core list, a
"market basket" of related items representative of the total requirement, a
grand total of all items, or other grouping method.
j) All or None Bids or Proposals
All or none bids or proposals may be accepted if the
evaluation shows an all or none award to be the lowest cost or best value of
those submitted.
k)
Conditioning Bids or Proposals Upon Other Awards
Any bid or proposal that is conditioned upon receiving award
of the particular contract being solicited and one or more other State
contracts shall be rejected.
l) Unsolicited Bids or Offers
An award may not be made based on an unsolicited offer in
place of the notice and competition requirements of the Code and this
Part.
m) Clarification of
Bids and Proposals
The university may request that a vendor clarify its bid or
proposal as a part of the evaluation process. A copy of the clarification
request must be provided to the SPO. A clarification is not an opportunity to
make material changes or for submission of best and final offers as authorized
elsewhere in this Part.
n)
Assignment, Novation or Change of Name
1)
Assignment and Novation. All assignments and novations must be in writing. No
university contract may be assigned or novation entered into without the prior
written consent of the CPO-HE or SPO, provided, however, that a vendor may
assign money receivable under a contract after due notice to the State. The
assignee or transferee, except in the case of assignment of payment only, must
meet all requirements for contracting with the university. Any purported
assignment or novation without prior written consent shall be null and
void.
2) Recognition of a Successor
in Interest; Novation. When in the best interest of the university, a successor
in interest may be recognized in a written novation agreement in which the
transferor and the transferee agree that:
A)
the transferee assumes all of the transferor's obligations;
B) the transferee meets all requirements for
contracting with the university;
C)
the transferor waives all rights under the contract as against the university,
and it is understood that the university does not waive any applicable right or
remedy against the transferor unless expressly stated in the Novation
Agreement; and
D) unless the
transferor guarantees performance of the contract by the transferee, the
transferee shall, if required by the university, furnish a satisfactory
performance bond.
3)
Change of Name. A vendor may submit to the university a written request to
change the name in which it holds a contract with the university. The name
change shall not alter the parties, any of the terms and conditions of the
contract or the obligations of the vendor.
o) Contracting for Installment Purchase
Payments, Including Interest Contracts may provide for installment purchase
payments, including interest charges, over a period of time. The interest rate
may not exceed that established by law, including the Bond Authorization Act [
30 ILCS 305 ].
p) Incorporation by
Reference
A solicitation may incorporate documents by reference
provided that the solicitation specifies where the documents can be
obtained.
q) Use of Source
Selection Method that is Not Required
For procurements that are subject to the Procurement Code, if
a university uses a method of source selection that it is not, by law, required
to use (e.g., use of a competitive sealed bid for a small purchase), the
university is bound to compliance with the Code and this Part governing the
method of source selection used.
r) Vendor Signature
A bid or proposal submitted unsigned will be evaluated if the
vendor submits a written signature acceptable to the SPO within the time
specified by the SPO.
s)
Stringing
Dividing or planning procurements to avoid use of competitive
procedures (stringing) is prohibited. Periodic purchases of similar supplies
from several different vendors to maintain inventory is not stringing unless
the purchases are planned to avoid use of competitive procedures. When the
university or SPO identifies three or more purchases of the same item or
similar items with a total value exceeding the small purchase limit during any
12 month period, the university purchasing director and the SPO shall jointly
determine whether the circumstances, including, but not limited to, frequency
of purchases, cost of individual purchases and future needs, warrant issuing a
competitive or other consolidated procurement.
t) Confidential Data
A vendor must clearly identify, by page and paragraph, any
information submitted to the State claimed to be exempt from the disclosure
requirement of the Illinois Freedom of Information Act [ 5 ILCS 140 ] (FOIA),
including information the vendor claims is a trade secret or other
competitively sensitive, confidential or proprietary information belonging to
the vendor.
1) The vendor must
identify the basis of the claim of exemption from FOIA and show how that basis
applies to the request for exemption. Information submitted without a claim of
exemption from FOIA may be disclosed to the public without notice or
permission.
2) Information
submitted with a claim of confidentiality or exemption from
FOIA may still be disclosed to the public if determined under
applicable law that the claim or exemption does not meet the requirements for
withholding the information under FOIA.
u) Notice of Subcontractor
1) Any contract entered into under this Part
shall state whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all known subcontractors with
subcontracts with an annual value of more than $50,000, the general type of
work to be performed by each subcontractor, and the expected
amount of money each will receive under the contract. [
30 ILCS
500/20-120(a) ] A subcontract shall
include all certifications required by Article 50 of the Code.
2) If, at any time during the term of the
contract, a contractor desires to add or change any subcontractors with
subcontracts with an annual value of more than $50,000, the contractor shall
promptly notify the university, in writing, of the names and addresses of the
proposed subcontractors, the general type of work to be performed by the
proposed subcontractor, and the expected amount of money each new or replaced
subcontractor will receive under the contract.
3) No contractor shall change a subcontractor
listed in the original bid or proposal, except for documented good cause. Any
substitute subcontractor must meet all requirements of the Code applicable to
subcontractors.
A) Good cause may include, but
is not limited to:
i) failure of the
subcontractor to execute a written contract after a reasonable period of time
after the written contract is presented to the subcontractor by the
contractor;
ii) bankruptcy of the
subcontractor;
iii) death or
disability of the subcontractor, if the subcontractor is an
individual;
iv) dissolution of the
subcontractor, if the subcontractor is a corporation or partnership;
v) failure of the subcontractor to meet bond
requirements as specified in the solicitation;
vi) subcontractor becomes ineligible to
perform on the subcontract because the subcontractor is suspended, debarred or
otherwise ineligible to perform;
vii) a series of failures by the
subcontractor to perform in accordance with the specifications, terms and
conditions of its subcontract;
viii) failure of the subcontractor to comply
with a requirement of law applicable to the subcontractor; or
ix) failure or refusal of the subcontractor
to perform the subcontract.
B) A request of a contractor for a
substitution of a listed subcontractor shall be submitted in writing to the
university and shall include the reasons for the request. Consent of the
university for a substitution shall be made in writing and be included in the
procurement file.
C) Any
substitution of an approved BEP subcontractor must be approved in accordance
with 30 ILCS 575 and 44 Ill. Adm. Code 10 as it applies to
universities.
D) Failure of a
contractor to comply with this Section may result in cancellation of its
contract and be grounds for suspension or debarment.
v) Pre-Solicitation Assistance
1)
For purposes of this
subsection (v), "business" includes all individuals with whom
a business is affiliated, including, but not limited to, any officer, agent,
employee, consultant, independent contractor, director, partner,
manager or shareholder of a business. [
30 ILCS
500/50-10.5(e)]
2) Non-Prohibited Acts. This Section does not
prohibit a person or business from submitting a bid or proposal or entering
into a contract if the person or business:
A)
Initiated a communication with an employee of the university to provide general
information about products, services or industry best practices.
B) Responded to a communication initiated by
an employee of the university for the purposes of providing information to
evaluate new products, trends, services or technologies.
C) Provided written material to a university
employee obtained from public sources, such as through an internet search, or
literature packets obtained in conjunction with an event such as a trade
show.
D) Provided, at the request
of the university, general marketing material or makes a general sales
presentation to show the person's qualifications or product capabilities.
Material may be personalized for the procuring agency provided any
personalization is obtained from publicly available sources.
E) Provided technology, supplies or services
demonstrated to the university that represent industry trends and innovation
and is not specifically tailored to meet the university's needs.
F) Asked for clarification on a published
solicitation provided:
i) the response did
not provide a competitive advantage to the person or business who asked for
clarification; and
ii) the question
and answer were published to the Bulletin as an addendum to the
solicitation.
G)
Provided market costs or production time to a person performing
construction-related services to help determine the estimated costs and time to
complete a construction project.
3) Prohibited Acts
A) Specifications. With the exception of
standard specifications that a vendor makes available to any potential
purchaser, a person or business may not submit specifications to a university
for a particular transaction unless requested by a university employee. An SPO
or person designated by the SPO must approve an employee's request for the
specifications.
B) Assistance to
University Employees. A person or business is prohibited from bidding on a
solicitation and from having a contract or subcontract if the person or
business assisted an employee of the university who, by the nature of his or
her duties, has the authority to participate personally and substantially in
the decision to award a contract. Assistance to a university employee may
include any of the following:
i) Drafting
(writes or assists the university with writing all or part of the procurement
document);
ii) Reviewing (reads the
document or comments on the procurement document or signified approval or
disapproval);
iii) Directing
(giving instructions or commands or in supervising or overseeing the
preparation of the procurement document);
iv) Preparing (any activity relating to
organizing or distributing the documents, including through the Procurement
Bulletin); or
v) Providing similar
assistance (e.g., conducting research or providing any advice used in drafting,
reviewing, directing or preparing procurement documents).
C) A person (and its affiliated or related
entities) that contracts with a university to write specifications for a
particular procurement may not submit a bid or proposal or receive a contract
or subcontract for that procurement.
4) Exceptions.
A) Any person or business who responds to an
advertised request for information or other publicly available opportunity to
provide information related to the procurement need or to review drafts of all
or part of proposed procurement documents shall not be disqualified by virtue
of responding to the State's publicly advertised request.
B) The CPO-HE may permit a university to
accept a bid or enter into a contract or subcontract with a business that
assisted a university in determining need or that assisted in reviewing,
drafting or preparing documents related to a bid or contract, provided:
i) The bid or contract is essential to
research administered by the university;
ii) The CPO-HE determines it is in the best
interest of the university to accept the bid or contract; and
iii) Written approval is provided by the
Executive Ethics Commission.
w) Pre-Submission Conference
1) A pre-submission conference may be
conducted to enhance potential vendors' understanding of the procurement
requirements. The pre-submission conference shall be announced as part of the
solicitation notice. The conference may be designated as "attendance mandatory"
or "attendance optional". For mandatory pre-submission conferences, a
university shall document attendance on a form prescribed by the CPO-HE, which
shall include the name of the attendee, the business represented, and the
attendee's position within the business.
2) The conference shall be held long enough
after the solicitation has been issued to allow potential vendors to become
familiar with it, and sufficiently before solicitation opening to allow
consideration by vendors of conference results in preparing their
responses.
3) Supporting
documentation of the conference shall be supplied to all prospective vendors
known to have received a solicitation by posting the information on the
Bulletin.
4) Nothing stated at the
pre-submission conference shall change the solicitation unless a change is made
by written modification to the solicitation. Amendments shall be supplied to
all those prospective vendors through posting on the Bulletin.
x) Federally Funded Purchases
For purchases funded in whole or in part by United States
Government funds, the solicitation will identify the federal agency providing
the funds, the name of the fund and contact information where interested
parties can obtain requirements for contracting in relation to those
funds.
y) Evaluation
Committee
1) Evaluation committee members
shall be determined by the university, tailored to the particular solicitation,
and include, as appropriate, technical or other personnel with expertise to
ensure a comprehensive evaluation of offers.
2) Evaluation committee members and any
technical or other personnel with expertise assisting with the evaluation must
not have any conflicts of interest or apparent conflicts of interest and must
commit to the time necessary to complete all evaluations and attend any
necessary evaluation meetings.
3)
Scoring and recommendation of any committee member who does not complete the
entire evaluation and scoring will not be considered in determining the final
scores.
4) After consultation with
the university purchasing director, evaluation committee members may be removed
by the SPO for failure to comply with instructions or directions or to ensure
the integrity of the procurement. The SPO shall state in writing the reasons
for removing a committee member.
5)
The SPO has the right to attend all evaluation meetings.
z) Confidentiality and Conflicts
1) To protect the integrity of the
procurement process, persons having access to confidential procurement
information or participating in the procurement process may be required to
execute a confidentiality and conflict of interest form as prescribed by the
CPO-HE.
2) Bids and offers and any
modifications shall be opened in a manner to avoid disclosing contents to
competitors. Until an award recommendation is made, no university personnel or
contractual agents, other than the evaluation committee and those assigned to
the procurement, may review the bids or offers, except with justification from
the purchasing director and approved by the SPO.
3) While the procurement is on-going, a
university shall not disclose any information related to the procurement to any
other bidder, offeror, or any other person not assigned to the procurement,
other than information that was recorded, read and made publicly available at
the opening of the bids or offers. After completion of the evaluation and award
recommendation, the university may conduct discussions with management and the
board of trustees if necessary to obtain approval for award prior to publishing
the award in the Bulletin.